Coroners Court (Amendment No. 2) Rules 2014
S.R. No. 202/2014
TABLE OF PROVISIONS
Regulation
1
2
3
4
5
6
7
8
9
10
11
12
13
Page
Object
Authorising provisions
Commencement
Principal Rules
Objections to autopsy
Publication of findings and reports
Form 2 amended
Form 8 amended
Form 9 substituted
1
1
1
1
1
2
2
2
3
Form 9—Direction Regarding Autopsy
3
Form 13 substituted
6
Form 13—Direction to Preserve Tissue or Material
6
Form 14 substituted
7
Form 14—Request for Release of Preserved Tissue or Material
7
Form 17 amended
Form 38 substituted
8
9
Form 38—Finding into Death Without Inquest
9
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ENDNOTES
11
i
STATUTORY RULES 2014
S.R. No. 202/2014
Coroners Act 2008
Coroners Court (Amendment No. 2) Rules 2014
The State Coroner together with 2 coroners jointly make the
following rules:
1 Object
The object of these Rules is to amend the
Coroners Court Rules 2009—
(a) as a consequence of amendments made by
the Courts Legislation Miscellaneous
Amendments Act 2014 to the Coroners Act
2008; and
(b) to make other miscellaneous amendments.
2 Authorising provisions
These Rules are made under section 105 of the
Coroners Act 2008 and all other enabling
powers.
3 Commencement
These Rules come into operation on 10 November
2014.
4 Principal Rules
In these Rules the Coroners Court Rules 20091 are
called the Principal Rules.
5 Objections to autopsy
(1) In Rule 35(1), (2)(a) and (3) of the Principal
Rules, for "section 26(2)" substitute
"section 26(2)(a)".
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(2) After Rule 35(4) of the Principal Rules insert—
"(5) A consent to a waiver by the senior next of
kin of a deceased person under
section 26(2)(b) of the Act—
(a) may be communicated verbally, either
in person or by telephone; and
(b) must be communicated to 2 members of
staff of the Coroners Court or the
Institute.".
6 Publication of findings and reports
After Rule 64(3) of the Principal Rules insert—
"(4) A finding made following an investigation of
a death of a deceased who was, immediately
before the death, a person placed in custody
or care that the death was due to natural
causes must be published on the website of
the Coroners Court as soon as practicable.".
7 Form 2 amended
(1) In Form 2 of the Principal Rules, for
"[COURT LOCATION]" substitute
"MELBOURNE".
(2) In Form 2 of the Principal Rules, in the note, for
"3 months" substitute "28 days".
8 Form 8 amended
(1) In Form 8 of the Principal Rules, for
"[COURT LOCATION]" substitute
"MELBOURNE".
(2) In Form 8 of the Principal Rules, for "*Initial
Family Contact Form" substitute—
"*Initial Family Contact
*VIFM Identification Report
*Statement of identification".
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9 Form 9 substituted
For Form 9 of the Principal Rules substitute—
"FORM 9
Rule 33
IN THE CORONERS COURT
OF VICTORIA
AT MELBOURNE
Court Reference:
DIRECTION REGARDING AUTOPSY
Form 9 Rule 33
Section 25 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner in respect of the
death of:
Details of deceased:
Surname:
Given names:
*Date of Birth/*Age:
having taken into account the following information available to me at this
time:
*Police report of death
*Police Form 83
*Police Form 47
*Statement of Identification
*VIFM Identification Report
*Preliminary Examination Report
*Medical Deposition
*Hospital/Clinical Records
*Medical Certificate of Cause of Death
*Initial Family Contact
*Other: [please specify]
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AND having noted:
*the following specific concerns raised by the senior next of kin prior to
making this direction: [please specify]
*it has not been practicable to consider the specific concerns of the senior
next of kin because the senior next of kin cannot be located.
*that the person making the request for an autopsy direction is the senior
next of kin.
*that the person making the request for an autopsy direction is not the
senior next of kin, and it is not appropriate to notify the senior next of kin.
DIRECT that the medical investigator perform:
*AN AUTOPSY (pursuant to section 25(2) of the Coroners Act 2008)
*PENDING the 48 hour notice period expiring
*FORTHWITH because the senior next of kin has confirmed
that he/she consents to the autopsy proceeding immediately and
will not appeal to the Supreme Court against the direction that an
autopsy be performed, pursuant to section 26(5)(b) of the
Coroners Act 2008.
OR
*A PARTIAL AUTOPSY (CONDITIONAL), following advice from
the pathologist (section 25(3)(a) of the Coroners Act 2008). The
conditions are as follows:
OR
*notwithstanding Rule 9 and pursuant to section 26 of the Coroners Act
2008 and Rule 10 direct that the calculation of the 48 hours as required by
section 26(2) of that Act commence at the time of notification to the
senior next of kin.
OR
*AN AUTOPSY IMMEDIATELY, without giving notice to the senior
next of kin because:
*it is appropriate in the circumstances (section 26(5)(a)(i) of the
Coroners Act 2008)
*there is no senior next of kin or the next of kin cannot be located
(section 26(5)(a)(ii) of the Coroners Act 2008)
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S.R. No. 202/2014
OR
*NO AUTOPSY, as it is my opinion that a reasonable medical cause of
death can be established as being:
1(a)
1(b)
1(c)
2
but provide a report based on the Preliminary Examination.
AND
*THE FOLLOWING TESTS (section 25(3)(b) of the Coroners Act
2008):
*Nil Toxicology
*Full Routine Toxicology (*Ante Mortem/*Post Mortem)
*Carboxyhaemoglobin saturation (*Ante Mortem/*Post Mortem)
*Microbiology (*Ante Mortem/*Post Mortem)
*Blood Alcohol Saturation (*Ante Mortem/*Post Mortem)
*Other [please specify] (*Ante Mortem/*Post Mortem)
AND
* I request that the medical cause of death be registered with the
Registry of Births, Deaths and Marriages
Signature:
_______________________________________
Coroner's name:
Date:
Time:
NOTE: Under section 26 of the Coroners Act 2008, within 48 hours from
receiving notice, the senior next of kin of the deceased person may ask the
Coroner to reconsider the direction that an autopsy be performed.
A direction for autopsy does not take effect until 48 hours after the required
notice has been given to the senior next of kin, unless:
(1) it is not necessary to give notice if the Coroner believes it is appropriate
in the circumstances; or there is no senior next of kin or the next of kin
cannot be located; or
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(2) the senior next of kin advises the Coroner that he or she will not appeal to
the Supreme Court of Victoria against the direction that an autopsy be
performed.
Under section 79 of the Coroners Act 2008, the senior next of kin may appeal
a direction that an autopsy be performed (with or without conditions) to the
Supreme Court of Victoria, before the direction takes effect.
*Delete if inapplicable
__________________".
10 Form 13 substituted
For Form 13 of the Principal Rules substitute—
"FORM 13
Rule 37(4)
IN THE CORONERS COURT
OF VICTORIA
AT MELBOURNE
Court Reference:
DIRECTION TO PRESERVE TISSUE OR MATERIAL
Form 13 Rule 37(4)
Section 28 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner investigating the
death of:
Details of deceased:
Surname:
Given names:
*Date of Birth/*Age:
direct [name of Medical Investigator]
*to preserve
*not to preserve
tissue/material as set out in the written request dated [insert date] in
accordance with section 28 of the Coroners Act 2008 for the purpose and
reasons set out in your written request.
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*The tissue/material is to be preserved for:
*the minimum period required to achieve the purpose specified in your
request; or
*day(s)/*week(s) (If different durations are required for different
tissues/materials, specify below):
• list tissue/material]
*The following restrictions are imposed:
• [list restrictions]
Signature:
_______________________________________
Coroner's name:
Date:
Time:
*Delete if inapplicable
__________________".
11 Form 14 substituted
For Form 14 of the Principal Rules substitute—
"FORM 14
Rule 38(3)
Court Reference:
REQUEST FOR RELEASE OF PRESERVED TISSUE OR
MATERIAL
Form 14 Rule 38(3)
Section 28 of the Coroners Act 2008
I, [name and title of staff member], acting in accordance with the wishes
expressed on [date] by [name], the senior next of kin (or his or her delegate)
of:
Details of deceased:
Surname:
Given names:
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*Date of Birth/
*Age [if known]:
request that the following tissue(s) or other material(s) be released following
the medical examination without the body:
• [list tissue(s) or other material(s)]
to the Victorian Institute of Forensic Medicine to arrange to:
*cremate, and return to the senior next of kin or the nominated funeral
director
*cremate, and scatter the ashes at a memorial park established for this
purpose
*inter in the deceased's burial plot
*other method of disposal: [please specify]
*And I have informed the senior next of kin of the direction of the coroner to
impose restrictions in relation to the tissue(s) or other material(s) because of
public health and safety concerns or in the interests of justice.
Signature:
_______________________________________
Date:
Time:
*Delete if inapplicable
__________________".
12 Form 17 amended
(1) In Form 17 of the Principal Rules, for
"[COURT LOCATION]" substitute
"MELBOURNE".
(2) In Form 17 of the Principal Rules, after "Date:"
insert—
"
NOTE: Under section 80 of the Coroners Act 2008, an appeal can be made
to the Supreme Court of Victoria within 28 days after the day on which the
determination of the coroner is made.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
".
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13 Form 38 substituted
For Form 38 of the of the Principal Rules
substitute—
"FORM 38
Rule 60(2)
IN THE CORONERS COURT
OF VICTORIA
AT MELBOURNE
Court Reference:
FINDING INTO DEATH WITHOUT INQUEST
Form 38 Rule 60(2)
Section 67 of the Coroners Act 2008
I, [name], *State Coroner/*Deputy State Coroner/*Coroner having
investigated the death of [given names] [surname]
without holding an inquest:
find that the identity of the deceased was [full name of deceased]
*born on/*aged [*date/*age]
and the death occurred *on or about/*on/*between [full date/s]
at [full address of place of death]
from:
1 (a)
1 (b)
1 (c)
2
*Pursuant to section 67(1) of the Coroners Act 2008, I make findings with
respect to the following circumstances:
[specify circumstances]
*Pursuant to section 67(2) of the Coroners Act 2008, I make no further
findings with respect to the circumstances in which the death occurred
because an inquest was not held and I have determined that:

 the deceased was not, before their death, a person placed in
custody or care; and
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
 there is no public interest to be served in making findings
regarding those circumstances.
*COMMENTS
Pursuant to section 67(3) of the Coroners Act 2008, I make the following
comment(s) connected with the death:
[specify comments]
*RECOMMENDATIONS
Pursuant to section 72(2) of the Coroners Act 2008, I make the following
recommendation(s) connected with the death:
[specify recommendations]
*Pursuant to Rule 64(3), I order that the following be published on the
internet:
[specify any finding, comment or recommendation to be published]
*I direct that a copy of this finding be provided to the following:
Signature:
_______________________________________
Coroner's name:
Date:
*Delete if inapplicable
__________________".
Dated: 29 October 2014
IAN L. GRAY,
State Coroner
IAIN WEST,
Deputy State Coroner
PARESA ANTONIADIS SPANOS,
Coroner
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ENDNOTES
1
Rule 4: S.R. No. 131/2009 as amended by S.R. Nos 117/2011 and
119/2014.
11
Endnotes